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TitleLaw of the sea
TagsTerritorial Waters Treaty International Politics International Relations
File Size143.9 KB
Total Pages17
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Page 9

Sorenson says-They are called so as they are so general that they are generally found in all systems of law
that have attained a comparable state of development.
General principles of law
(1) Natural Justice-

(a) to act in good faith and without bias
(b) to give each party opportunity to state his case
(c) no man must be judge to his own cause
(d) no party can take advantage of his own wrong-Chorzow Factory Indemnity case

(2) Principle of subrogation (stepping into shoes of another)-Mavrommatis Palestine Concession case
(3) Principle of Prescription (a claim to a right founded upon continuous enjoyment of it-Island of Palmas case
(4) Principle of res judicata (conclusiveness of final judgement)-UN. Administrative Tribunal case
(5) Principle of estoppels-Temple of Preah Vihear case
(6) Principle of equity, justice and good faith-North Sea continental shelf case, Anglo Norwegean Fisheries
(7) Principle of territoriality of criminal law-S.S. Lotus case
(8) Principle of obligation to repair a wrong
(9) Elementary considerations of humanity etc.-Corfu Channel case

Soviet writer like Tunkin etc do not envisage them as separate source of International law as they regarded as
“General principles of International law” and not of any particular legal system. Their views are lost because of
break up of Soviet Union. They were criticized by Tanaka etc. who hold that these principles are based upon
reason and that these principles are found in one form or the other in all human societies.

(4) Judicial Decisions-and Writings of Jurists


Page 16

the report. The commission lack any power to take action in regards to complaints concerning the human right
or the status of women.
(5) Recent Measures for Enforcement of Human Rights

UN Fund for human rights
UN Commissioner for human rights

-Vienna World Conference on Human Rights-the conference held from 14-25 June, 1993 to access the
progress achieved under the 1948 Universal Declaration of Human Rights. It was the “Second Universal
Declaration on Human Rights”. It took into consideration the UN’s concern to make Human Rights a priority in
its action worldwide. Measures to strengthen, and monitoring the International rights were there.
Some major points of Vienna Declaration are-

(1) Right to development
(2) Right of minorities
(3) Right of self determination
(4) Gender based violence and all forms of sexual harassment and exploitation to be eliminated

-Protection of Human Rights in India
(a) Human Rights and Indian Constitution/Judiciary-India had become the party to the international
covenants on Human Rights by Ratifying them on March 27, 1979 but it has not ratified the Optional Protocol I
to the covenant on Civil and Political Right, which allowed the individuals to petition against the state to the
HRC. Some of the Human Rights have been specifically enumerated in the Indian constitution such as

Right to life and liberty
Right to Equality before law
Right to freedom to choose and practice religion
Right to work
Right to equal pay for equal work (etc.)

Some rights which are not mentioned in the Indian Constitution but are recognized by the Judiciary are:-
Right to privacy
Right to shelter
Right to legal aid
Right to speedy trial

If there is a conflict between the provision of an International convention and Indian constitution, the Indian
Constitution will prevail.
(b) Legislation relating to Human Rights in India-There are several legislations laid down by the
Constitution which are:-

Protection of civil rights
Child labour
Bonded labour
Juvenile Justice Act
NCMA, 1992
MCWA, 1990
Dowry Prohibition Act (etc.)

(1) PUCL v. UOI- A writ petition was filed under Article 32 of constitution for issues relating to killing of two
persons in a fake encounter by Police and awarding of the compensation to the family of the deceased. The
defense pleaded “Sovereign immunity”. It was held that “Sovereign immunity” did not apply here. It was further
held that the provisions of International covenant on Civil and Political rights explaining the fundamental rights
are applicable here.
(2)Chairman, Railway Board v. Chandrima Das- A woman, foreign national was raped by the employees of
railway in Railway yatri niwas. The railway was held liable under the vicarious liability and was asked to
compensate the woman. It was also held that the “Right to life” is available to all, including foreigners.


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